[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25292]


[[Page Unknown]]

[Federal Register: October 13, 1994]



14 CFR Part 39

[Docket No. 94-CE-14-AD]

 

Airworthiness Directives; Jetstream Aircraft Limited (Formerly 
British Aerospace, Regional Airlines Limited) HP137 Mk1 and Jetstream 
Series 200 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede AD 81-09-03 R1, which 
currently requires repetitively inspecting the rudder pedal adjusting 
mounting bracket for cracks on Jetstream Aircraft Limited (JAL) HP137 
Mk1 and Jetstream series 200 airplanes, and replacing any cracked 
bracket. The Federal Aviation Administration's policy on aging 
commuter-class aircraft is to eliminate, or in certain instances, 
reduce the number of repetitions of certain short-interval inspections 
when improved parts or modifications are available. The proposed action 
would require replacing the mounting bracket with a new mounting 
bracket of improved design as terminating action for the repetitive 
inspections that are currently required by AD 81-09-03 R1. The actions 
specified in the proposed AD are intended to prevent inadvertent rudder 
movement caused by a cracked rudder pedal adjusting mounting bracket, 
which could result in loss of rudder control.

DATES: Comments must be received on or before December 16, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 94-CE-14-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Jetstream Aircraft Limited, Manager Product Support, Prestwick 
Airport, Ayrshire, KA9 2RW Scotland; telephone (44-292) 79888; 
facsimile (44-292) 79703; or Jetstream Aircraft Inc., Librarian, P.O. 
Box 16029, Dulles International Airport, Washington, DC, 20041-6029; 
telephone (703) 406-1161; facsimile (703) 406-1469. This information 
also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Raymond A. Stoer, Program Officer, 
Brussels Aircraft Certification Office, FAA, Europe, Africa, and Middle 
East Office, c/o American Embassy, B-1000 Brussels, Belgium; telephone 
(322) 513.3830; facsimile (322) 230.6899; or Mr. John P. Dow, Sr., 
Project Officer, Small Airplane Directorate, Airplane Certification 
Service, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106; 
telephone (816) 426-6932; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 94-CE-14-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 94-CE-14-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The FAA has determined that reliance on critical repetitive 
inspections on aging commuter-class airplanes carries an unnecessary 
safety risk when a design change exists that could eliminate, or in 
certain instances, reduce the number of repetitions of those critical 
inspections. In determining what inspections are critical, the FAA 
considers (1) the safety consequences of the airplane if the known 
problem is not detected by the inspection; (2) the reliability of the 
inspection such as the probability of not detecting the known problem; 
(3) whether the inspection area is difficult to access; and (4) the 
possibility of damage to an adjacent structure as a result of the 
problem.
    These factors have led the FAA to establish an aging commuter-class 
aircraft policy that requires incorporating a known design change when 
it could replace a critical repetitive inspection. With this policy in 
mind, the FAA recently conducted a review of existing AD's that apply 
to JAL HP137 Mk1 and Jetstream series 200 airplanes. Assisting the FAA 
in this review were (1) the Civil Aviation Authority (CAA), which is 
the airworthiness authority for the United Kingdom; (2) JAL; (3) the 
Regional Airlines Association (RAA); and (4) several U.S. and foreign 
operators of the affected airplanes.
    From this review, the FAA has identified AD 81-09-03 R1, Amendment 
39-4150, as one that should be superseded with a new AD that would 
require a modification that could eliminate the need for short-interval 
and critical repetitive inspections. AD 81-09-03 R1 currently requires 
repetitively inspecting the rudder pedal adjusting mounting bracket for 
cracks on Jetstream Aircraft Limited HP137 Mk1 and Jetstream series 200 
airplanes, and replacing any cracked bracket.
    JAL has developed Modification No. 5162, which introduces a new 
rudder pedal adjusting mounting bracket with increased sectional 
dimension, part number (P/N) 1379111E 1. Included with this 
modification are Instructions to Modification No. 5162, Part 1 and Part 
2, Issue 1, dated June 1981.
    As a result of the previously discussed AD review, the CAA listed 
the actions specified in the referenced service instructions as 
mandatory with CAA AD 003-07-81 in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.
    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA has kept the FAA 
informed of the situation described above.
    Based on its aging commuter-class aircraft policy and after 
reviewing all available information including that received from the 
CAA, the FAA has determined that AD action should be taken to (1) 
eliminate the repetitive short-interval inspections required by AD 81-
09-03 R1, Amendment 39-4150; and (2) continue preventing inadvertent 
rudder movement caused by a cracked rudder pedal adjusting mounting 
bracket, which could result in loss of rudder control.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other JAL HP137 Mk1 and Jetstream series 200 
airplanes of the same type design, the proposed AD would supersede AD 
81-09-03 R1 with a new AD that would (1) retain the inspections of the 
rudder pedal adjusting mounting bracket for cracks and require 
replacing any cracked part as required by the current AD; and (2) 
require replacing this mounting bracket with an improved part of 
increased sectional dimension, P/N 1379111E 1, as terminating action 
for the repetitive inspections. The proposed inspection would be 
accomplished in accordance with Jetstream Service Bulletin No. 9/10, 
dated April 28, 1981. The proposed replacement would be accomplished in 
accordance with the Instructions to Modification No. 5162, Part 1 and 
Part 2, Issue 1, dated June 1981.
    The FAA estimates that 11 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 160 
workhours per airplane to accomplish the proposed modification, and 
that the average labor rate is approximately $55 an hour. Parts cost 
approximately $1,800 per airplane. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$116,600.
    All 11 of the affected airplanes are HP137 Mk1's; there are no 
Jetstream series 200 airplanes registered in the United States, but 
they are type certificated for operation in the United States. 
According to FAA records, none of these HP137 Mk1 airplanes are in 
operation or anywhere near operating condition. For this reason, JAL no 
longer stocks Modification No. 5162, but can develop modification kits 
within three months after order. Since there are no airplanes currently 
in operation, the cost impact of the proposed AD would be narrowed to 
only those owners/operators returning their airplane to operation.
    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 
will not have a significant economic impact, positive or negative, on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing AD 81-09-03 R1, Amendment 
39-4150, and by adding a new AD to read as follows:

Jetstream Aircraft Limited: Docket No. 94-CE-14-AD. Supersedes AD 
81-09-03 R1, Amendment 39-4150.

    Applicability: HP137 Mk1 and Jetstream Series 200 airplanes (all 
serial numbers), certificated in any category.
    Compliance: Required as indicated after the effective date of 
this AD, unless already accomplished.
    To prevent inadvertent rudder movement caused by a cracked 
rudder pedal adjusting mounting bracket, which could result in loss 
of rudder control, accomplish the following:
    (a) Within the next 100 hours time-in-service, unless already 
accomplished (compliance with AD 81-09-03 R1), inspect the rudder 
pedal adjusting mounting bracket for cracks in accordance with 
Jetstream Service Bulletin (SB) No. 9/10, dated April 28, 1981.
    (1) If cracks are found, prior to further flight, replace the 
mounting bracket with an improved part of increased sectional 
dimension, part number (P/N) 1379111E 1, in accordance with the 
Instructions to Modification No. 5162, Part 1 and Part 2, Issue 1, 
dated June 1981.
     This replacement is referenced as Modification No. 5162.
    (2) If no cracks are found, reinspect at intervals not to exceed 
100 hours TIS until Modification No. 5162 is incorporated.
    (b) Upon the accumulation of 15,000 hours TIS or within the next 
200 hours TIS, whichever occurs later, replace the rudder pedal 
adjusting mounting bracket with an improved part of increased 
sectional dimension, P/N 1379111E 1 (Modification No. 5162), in 
accordance with the Instructions to Modification No. 5162, Part 1 
and Part 2, Issue 1, dated June 1981.
    (c) Incorporating Modification 5162 as specified in paragraph 
(a)(1) or (b) of this AD eliminates the repetitive inspection 
requirement of this AD.
    (d) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.
    (e) An alternative method of compliance or adjustment of the 
initial and repetitive compliance times that provides an equivalent 
level of safety may be approved by the Manager, Brussels Aircraft 
Certification Office, Europe, Africa, Middle East office, FAA, c/o 
American Embassy, 1000 Brussels, Belgium. The request should be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Brussels Aircraft 
Certification Office.

    Note: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Brussels Aircraft Certification Office.

    (f) All persons affected by this directive may obtain copies of 
the documents referred to herein upon request to Jetstream Aircraft 
Limited, Manager Product Support, Prestwick Airport, Ayrshire, KA9 
2RW Scotland; telephone (44-292) 79888; or Jetstream Aircraft Inc., 
Librarian, P.O. Box 16029, Dulles International Airport, Washington, 
DC, 20041-6029; or may examine these documents at the FAA, Central 
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on October 5, 1994.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-25292 Filed 10-12-94; 8:45 am]
BILLING CODE 4910-13-U